Changes

== Federal Cases ==

== Federal Cases ==

You may recall that there are two general types of cases in federal court:  "diversity" cases (between citizens of different states, with the amount in dispute more than $75,000) and cases that arise under federal law (e.g., criminal and civil rights cases).  Here is 2011 data about the types of cases filed in federal court (U.S. District Court and U.S. Bankruptcy Court):<ref name="Courts"/>

You may recall that there are two general types of cases in federal court:  "diversity" cases (between citizens of different states, with the amount in dispute more than $75,000) and cases that arise under federal law (e.g., criminal and civil rights cases).  Here are the 2011 data about the types of cases filed in federal court (U.S. District Court and U.S. Bankruptcy Court):<ref name="Courts"/>

{| class="wikitable"

{| class="wikitable"

{| class="wikitable"

{| class="wikitable"

|-

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!Specific Kibd of Civil Case

!Specific Kind of Civil Case

!Basis for Federal Jurisdiction

!Basis for Federal Jurisdiction

!Number of Filings 2011

!Number of Filings 2011

|}

|}

Thousands of the prisoner petitions and civil rights actions concern the First and Fourth Amendments.  Many also include claims brought under other amendments in the Bill of Rights, such as the Fifth, Sixth and Eighth Amendments.  Some lawsuits brought by prisoners are based on the "Cruel and Unusual Punishment" Clause of the Eighth Amendment, but they rarely succeed.

Thousands of the prisoner petitions and civil rights actions concern the First and Fourth Amendments.  Many also include claims brought under other amendments in the Bill of Rights, such as the Fifth, Sixth and Eighth Amendments.  Some lawsuits brought by prisoners are based on the Cruel and Unusual Punishment Clause of the Eighth Amendment, but they rarely succeed.

In personal injury cases (e.g., lawsuits against manufacturers like car companies), plaintiffs often prefer to be in state rather than federal court.  Can you think of why?  (Answer: damage awards in state court tend to be higher).  In criminal cases, defendants typically prefer to be in state court too.  Do you know why?  (Answer: federal courts tend to favor prosecutors more than state courts do; acquittal rates are much higher in state court, and sentencing is often more reasonable).  But defendants usually do not have a choice: it is the plaintiff who chooses the court.  However, if federal jurisdiction exists, a defendant can '''remove''' a case in state court and have it conducted in federal court.

In personal injury cases (e.g., lawsuits against manufacturers like car companies), plaintiffs often prefer to be in state rather than federal court.  Can you think of why?  (Answer: damage awards in state court tend to be higher).  In criminal cases, defendants typically prefer to be in state court too.  Do you know why?  (Answer: federal courts tend to favor prosecutors more than state courts do; acquittal rates are much higher in state court, and sentencing is often more reasonable).  But defendants usually do not have a choice: it is the plaintiff who chooses the court.  However, if federal jurisdiction exists in the lawsuit as it was filed by a plaintiff, then a defendant can '''remove''' a case from state court and have it conducted in federal court.

=== Review ===

=== Review ===

Suppose you are in federal district court, and you lose.  Do you have any further recourse?  Yes, you can appeal the decision to a federal court of appeals.  In New York, the Court of Appeals is the “Second Circuit.”  In New Jersey, appeals are taken to the “Third Circuit,” which covers New Jersey, Pennsylvania, Delaware and the Virgin Islands.  In Texas, federal appeals are to the “Fifth Circuit.”  The largest federal Court of Appeals is the Ninth Circuit, which covers California, Oregon, Washington, Arizona and other western states.  Congress has considered splitting it into two circuits.

Suppose you are in federal district court, and you lose.  Do you have any further recourse?  Yes, you can appeal the decision to a federal court of appeals.  In New York, the Court of Appeals is the “Second Circuit.”  In New Jersey, appeals are taken to the “Third Circuit,” which covers New Jersey, Pennsylvania, Delaware and the Virgin Islands.  In Texas, federal appeals are to the “Fifth Circuit.”  The largest federal Court of Appeals is the Ninth Circuit, which covers California, Oregon, Washington, Arizona and other western states.  Congress has considered splitting it into two Circuits.

On appeal, you will find yourself before a three-judge panel.  A vote of the majority of the three judges will decide your case.  It takes about nine months to submit legal memoranda on why you think the federal district court was wrong and hold “oral argument” before the three-judge panel.  Don’t be surprised if the judges are inattentive at oral argument, or even dosing off to catch up on some sleep!  Also, don’t be surprised if their questions seem to favor your side, but a few weeks later issue a written decision against you.  You usually have to wait weeks or a month or two for a decision. In controversial or difficult cases, it can be a year before you receive a decision.

On appeal, you will find yourself before a three-judge panel.  A vote of the majority of the three judges will decide your case.  It takes a few months to submit legal memoranda on why you think the federal district court was wrong and hold “oral argument” before the three-judge panel.  Do not be surprised if the questions at oral argument by the judges seem to favor your side, but a few weeks later they issue a written decision against you.  Their questions may have merely been testing the strengths and weaknesses of the case. In controversial or difficult cases, it can be several months before you receive a decision.

If you lose before the federal court of appeals, then your last chance is to appeal it to the United States Supreme Court - with only about a 1% chance that it will accept your case.

If you lose before the federal court of appeals, then your last chance is to appeal it to the United States Supreme Court - with only about a 1% chance that it will accept your case.

The Chief Justice of the United States is the person who leads the U.S. Supreme Court.  But his vote is not more than any of the other eight Justices on the Court.  However, he does have the advantage of deciding who writes the opinion for his side in a case.  Whichever side he is on (majority or dissent), he picks the person to write the decision of his side.  In important cases, he picks himself to write it.  The most senior justice on the other side then picks who writes the opinion for that side.

The Chief Justice of the United States is the person who leads the U.S. Supreme Court.  But his vote is not more than any of the other eight Justices on the Court.  He does have the advantage of deciding who writes the opinion for his side in a case.  Whichever side he is on (majority or dissent), he picks the person to write the decision of his side.  In important cases, he may pick himself to write it.  The most senior justice on the other side then picks who writes the opinion for that side.

The infamous ''Roe v. Wade'' decision that legalized abortion nationwide, and invalidated numerous state laws against abortion, was by a 7-2 vote.  Court folklore is that Chief Justice Warren Burger was himself against abortion, but voted with the majority in order to be able to select the author of the opinion.  He picked Justice Blackmun, a longtime friend of his.  However, Justice Blackmun then wrote a dreadful opinion.

The infamous ''Roe v. Wade'' decision that legalized abortion nationwide, and invalidated numerous state laws against abortion, was by a 7-2 vote.  Court folklore is that Chief Justice Warren Burger was himself against abortion, but voted with the majority in order to be able to select the author of the opinion.  He picked Justice Blackmun, a longtime friend of his.  However, Justice Blackmun then wrote a dreadful opinion.

Each State also has its own Supreme Court to oversee the state court system.  However, its name is not always “Supreme Court.”  In New York, oddly enough, the “Supreme Court” is the name for the trial (lowest) level.  The highest appellate court is the “New York Court of Appeals.”

Each State also has its own Supreme Court to oversee the state court system.  However, its name is not always “Supreme Court.”  In New York, oddly enough, the “Supreme Court” is the name for the trial (lowest) level.  The highest appellate court is called the “New York Court of Appeals.”

== The American Rule ==

== The American Rule ==